2008-08-11 CITY COUNCIL MEETING AGENDA - AMENDEDAMENDED AGENDA
New Business No. 7 Caution Amended
AGENDA -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, AUGUST 11, 2008, AT 7:30
P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS.
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE.
III. MAYOR'S ACTIVITY REPORT
IV. COUNCIL ACTIVITY REPORTS
V. CITY MANAGER'S REPORT
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING: None
VIII. CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE
CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO
DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE
ENACTED/APPROVED BY ONE MOTION UNLESS A
COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN
WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED BY SEPARATE ACTION (/X. MATTERS
REMOVED FROM CONSENT AGENDA). APPROVAL OF THE
CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION -APPROVAL
OF MINUTES:
1. Minutes of the July 21, 2008, Joint Public Hearings held at
6:30 p.m.
2. Minutes of the July 28, 2008, Regular Meeting held at 5:30
p.m.
3. Minutes of the August 4, 2008, Special Meeting held at
6:00 p.m.
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B. CONSIDERATION AND POSSIBLE ACTION -FIRST AND
ONLY READING OF ORDINANCE NO. 2000CUP-20 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN REAL PROPERTY, LOCATION
BEING 9.004 ACRES OF LAND, BEING TRACT 53, OUT OF
THE H.T. 8~ B.R.R. COMPANY SURVEY, ABSTRACT 544,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND ON THE WEST SIDE OF
JASPER ROAD), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-20), TO ALLOW FOR THE USE
OF "ALUMINUM COMPOSITE MATERIALS" FOR THE
EXTERIOR FACADE OF A BUSINESS LOCATED IN THE
GENERAL COMMERCIAL DISTRICT (GC); AT THE REQUEST
OF G 8~ G CONSTRUCTION, APPLICANT FOR CLS
PROPERTIES, INC., OWNER; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EMERGENCY BECAUSE THE NEED
TO REGULATE LAND USE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
Mr. Nick Finan, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-110 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE
AGENDAS OF SEPTEMBER 8, 2008 AND SEPTEMBER 15,
2008 CITY COUNCIL MEETINGS, CONSIDERATION OF THE
PROPOSED FISCAL YEAR 2008-2009 BUDGET AND
SETTING THE PUBLIC HEARING ON THE BUDGET.
Mr. Bill Eisen, City Manager.
D. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-109 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, VOTING ON
PROPERTY TAX REVENUE INCREASE OF 4.47% AND
PLACING ON THE AGENDAS OF SEPTEMBER 8 2008 AND
SEPTEMBER 15, 2008 CITY COUNCIL MEETINGS,
CONSIDERATION OF THE PROPOSED FISCAL YEAR 2008-
2009 TAX RATE AND SETTING THE PUBLIC HEARINGS ON
THE TAX RATE. Mr. Bill Eisen, City Manager.
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E. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-108 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING THE
REGULAR MEETING TIMES AND DATES FOR SEPTEMBER
2008 TO ENSURE COMPLIANCE WITH STATUTORY
BUDGETARY TIMELINES. Mr. Bill Eisen, City Manager.
F. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-113 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE
HILLHOUSE ROAD IMPROVEMENT PROJECT.
Mr. Danny Cameron, Public Works Director.
G. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-111 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID
FOR PURCHASE OF IN-CAR DIGITAL VIDEO CAMERA
SYSTEMS. Mr. Bill Eisen, City Manager.
H. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-115 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CONVEYING AN
EASEMENT FOR CERTAIN UTILITIES. Mr. Bill Eisen, City
Manager.
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 943-17 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN,
OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR
PRESERVING A SENSE OF COMMUNITY,
ATTRACTIVENESS AND SAFETY IN PEARLAND;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan,
Assistant City Manager.
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2. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 943-16 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING FIGURE 7.2, THOROUGHFARE PLAN,
OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR
PRESERVING A SENSE OF COMMUNITY,
ATTRACTIVENESS AND SAFETY IN PEARLAND;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION. Mr. Nick Finan,
AssistantCity Manager.
3. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000-T-8 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SELECTED PROVISIONS OF THE
UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Nick Finan,
Assistant City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1353 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES
AND CRITERIA FOR GRANTING TAX ABATEMENT
PURSUANT TO RESOLUTION NO. R2006-121; DESIGNAT-
ING AND DESCRIBING A REINVESTMENT ZONE (TO BE
KNOWN AS REINVESTMENT ZONE #20), IN ACCORDANCE
WITH THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE
A BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE
AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE
TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY
MANAGER TO SIGN TAX ABATEMENT AGREEMENTS
WHEN APPROVED BY THE CITY COUNCIL; HAVING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
5. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-112 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, APPROVING THE
ANNUAL ACTION PLAN FOR THE COMMUNITY BLOCK
GRANT PROGRAM. Mr. Bill Eisen, City Manager.
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6. CONSIDERATION AND POSSIBLE ACTION -RESOLUTION
NO. R2008-114 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY.
Mr. Trent Epperson, Project Director.
7. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-57 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING
MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY, LOCATION BEING 6.00 ACRES
OF LAND, BEING OUT OF LOTS 23 AND 24, SECTION 21, OF
THE ALLISON RICHEY GULF COAST HOME COMPANY'S
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
FILED IN VOLUME 2, PAGE 24, OF THE BRAZORIA COUNTY
PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF
CULLEN BOULEVARD, ON THE SOUTH SIDE OF FM 518
(BROADWAY STREET), AND ON THE NORTH SIDE OF FITE
ROAD), (ZONE CHANGE APPLICATION NO. 2008-11Z),
FROM GENERAL BUSINESS RETAIL DISTRICT (GB) AND
SUBURBAN RESIDENTIAL - 12 DISTRICT (SR-12) TO
PLANNED DEVELOPMENT DISTRICT(PD), AT THE
REQUEST OF LES KILDAY AND KILDAY REALTY
CORPORATION, APPLICANT FOR IMANI CHURCH, OWNER
PROVIDING FOR AN AMENDMENT OF THE ZONING
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan,
Assistant City Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY -REGARDING POTENTIAL LITIGATION
ASSOCIATED WITH MUNICIPAL UTILITY DISTRICTS
NUMBER 2 AND 3. Mr Bill Eisen, City Manager.
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2. SECTION 551.087 - CONSULTATION WITH CITY
ATTORNEY - REGARDING ECONOMIC
DEVELOPMENT INCENTIVES. Mr. Bill Eisen, City
Manager.
3. SECTION 551.071 - CONSULTATION WITH CITY
ATTORNEY -REGARDING POTENTIAL LITIGATION
WITH D.R. HORTON HOMES. Mr. Dan-in Coker, City
Attorney.
NEW BUSINESS CONTINUED:
8. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH MUNICIPAL
UTILITY DISTRICTS NUMBER 2 AND 3. City Council.
9. CONSIDERATION AND POSSIBLE ACTION -REGARDING
ECONOMIC DEVELOPMENT INCENTIVES. City Council.
10. CONSIDERATION AND POSSIBLE ACTION -REGARDING
POTENTIAL LITIGATION WITH D.R. HORTON HOMES.
City Council.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
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